Not Lucky Enough: A Slave Receives Special Treatment in the Will of Peter Smith
Peter Smith: 1736-1797 (Maternal 4th Great-Grandfather)
Willis Smith’s great-grandfather Peter Taylor Smith died in Caswell
County, North Carolina in 1797, leaving a detailed will dividing his estate
among his twelve children. Unfortunately, Peter Smith was a slave owner, and
his will included numerous human beings amongst his property, human beings who
were distributed among his children along with saddles and household
furnishings. However, one enslaved man had a slightly different fate than
Smith’s other slaves—a life with a few limited choices. But how fortunate was
this “lucky” slave in reality? What can we learn from his fate?
Peter Smith’s will basically divides his enslaved humans
into three categories. First were individual slaves given to one specific
child. Peter’s two daughters were each given a female slave. Elizabeth received
an adult named Jane, while Martha received a child named Bess. In addition, his
son Jesse was given a “boy name Lewis” and son Moses was given a “boy name
Edmond”. Aron (also Aaron) received a “Negro girl name Fanney.”
The will states that all Peter Smith’s remaining property,
including the rest of his slaves, be divided amongst his six remaining sons.
However, there was one notable exception:
“Except my Negro man
Anthony who tho not absolutely free I will that he have liberty to have his own
free choice from time to time to serve which of my children he shall chose and
not to be confined to one-particular but if ill treated by one to have free
liberty to go to another as he shall think fit & not to be sold to any other
person.”
This is a fascinating passage. What can we learn from this?
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Passage from Peter's will about Anthony |
First, Anthony is described as “my Negro man”, which sounds
like he was a personal servant, perhaps the equivalent of a valet. In addition,
Anthony was an adult—Peter made a distinction between young slaves, referring
to them as boys and girls, and adult slaves, referring to them as men or women.
Peter obviously felt a friendly attachment to Anthony and
cared about his welfare. However, he did not see Anthony as a true friend or
equal, for he kept him in bondage when he might have chosen to set him free in
the will. He obviously saw Anthony as a valuable part of his estate, too
valuable to be given away.
It is also obvious that Peter did not trust his children to
treat slaves with decency or humanity. He obviously felt it likely that some of
his children might abuse Anthony. Where would they have learned such
callousness toward other human beings if not from him? Were his other slaves
mistreated? Was this commonplace on his property and was Anthony’s “liberty” to
be free from abuse a contrast from the manner in which other enslaved people were
treated on Smith’s land?
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Caswell County NC mid-1800s map |
I wonder which of Smith’s children Anthony chose as his
owner. And did he stay with that family, or did he exercise his right to switch
households?
Many of Peter Smith’s children ended up moving to Kentucky.
Did they take their slaves with them, or did they sell their slaves before they
left North Carolina? Did Anthony end up in Kentucky, or did he spend his life
in North Carolina?
And what of Anthony’s family? Did he have a wife? Children?
Only Anthony was protected from being sold out of the extended family—any
family members he might have had could have been sold away from him. Even for
this “lucky” slave, his life was filled with uncertainty, misery, disrespect and
terror.
Since Anthony was already an adult in 1797 when Peter Smith
died, it is unlikely he lived long enough to benefit from the Emancipation
Proclamation. I hope that his children achieved the freedom that Anthony was
denied.
Sources:
Will Records, With Some Inventories, Estates and
Settlements, 1777- 1963; Author: North Carolina. Superior Court (Caswell
County); Probate Place: Caswell, North Carolina. Accessed via Ancestry.com. https://www.ancestry.com/imageviewer/collections/9061/images/004779974_00187?pId=2191221
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